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Rent Control (Procedure) Rules


Published: 1980-10-02

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RENT CONTROL [CH.163 – 3

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CHAPTER 163

RENT CONTROL

RENT CONTROL (EXTENSION OF APPLICATION) ORDER

(SECTION 3) [Commencement 6th December, 1979]

1. This Order may be cited as the Rent Control (Extension of Application) Order.

2. The Act shall apply throughout the Family Islands.

CHARGEABLE RENT ORDER

(SECTION 10) [Commencement 1st January, 1980]

1. This order may be cited as the Chargeable Rent Order.

2. (1) The rent chargeable in respect of a dwelling- house shall be 15% of the value of the dwelling-house as assessed, determined or declared whichever be effective.

(2) The additional rent chargeable in the case of a furnished dwelling-house shall be 15% of the value of the furniture as determined or declared whichever be effective.

RENT CONTROL (PROCEDURE) RULES

(SECTION 23) [Commencement 2nd October, 1980]

1. These Rules may be cited as the Rent Control (Procedure) Rules.

S.I. 83/1979

Citation.

Application to Family Islands.

S.I. 84/1979

Citation.

Rent chargeable.

S.I. 56/1980 S.I. 34/1989

Citation.

CH.163 – 4] RENT CONTROL

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. In these Rules — (a) the term “proceedings” means proceedings by

the Board on its own motion for the determina- tion of the value of a dwelling-house or proceedings of the Board in relation to any application by a landlord or tenant under the Act;

(b) the reference to a Form by number is a reference to a Form of that number in the Schedule.

3. Every application made to the Board under the Act shall be signed by the applicant and be submitted in duplicate to the Secretary, Rent Control Board, at the address specified by the Chairman of the Board by Notice under Section 22 of the Act.

(2) An application shall be in Form I and shall be accompanied by a fee of one dollar.

4. The Secretary shall serve a notice in Form 2 of the date of the hearing of any proceedings upon the respective landlord and tenant, which date shall not be less than 14 clear days between the service of the notice and the day named therein for the hearing.

5. The decision of the Board in respect of any proceedings shall be read out at a sitting of the Board on a date not later than 14 days from the conclusion of the hearing of the proceedings, notice of which date to be given in Form 2 to the parties by the Secretary.

6. When the Board has given its decision as men- tioned in rule 5, the Board shall —

(a) record, file and preserve the reasons for its decision;

(b) cause certificates of the determination of the value made by the Board to be completed in Form 3, one each for the landlord and tenant;

(c) cause to be entered the particulars of the certificates in a register which shall be kept for the purpose by the Secretary and an extract of an entry thereof shall be issued to a landlord or tenant of the respective premises upon the payment of a fee of fifty cents;

(d) issue the certificates under the hand of the members of the Board by causing the certificates to be delivered personally or by sending them by

Interpretation.

Making and form of rent control application. S.I. 34/1989.

Notification of date of hearing.

Decision of the Board.

Issues of certificate of determination of value.

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registered post, to the landlord and tenant together with a copy of the reasons for decision filed under paragraph (a).

7. No party shall be entitled to recover any costs of or incidental to any proceedings except where the Board sees fit to order the payment thereof and subject to a maximum of fifteen dollars.

SCHEDULE

FORM 1 APPLICATION FOR DETERMINATION OF VALUE OF

DWELLING-HOUSE/FURNITURE

RENT CONTROL ACT To: The Secretary

Rent Control Board P.O. Box Nassau, Bahamas

1. Tenant’s Name & Address Landlord’s Name & Address 2. Particulars of dwelling house (tenanted premises)

(a) Location and description (b) Number and type of

(i) bedrooms (ii) bathrooms (iii) kitchen (iv) other area

(c) Whether furnished or unfurnished (d) What services or utilities provided by Landlord.

3. Particulars of furniture. 4. Amount of rent $ paid weekly fortnightly monthly yearly 5. Date tenancy commenced 6. Value of dwelling house notified by Landlord Assessed

Declared to Tenant $ 7. Value of furniture notified by Landlord Declared to

Tenant $ I HEREBY declare that the above particulars are true to

the best of my knowledge. .............................................

Tenant/Landlord.

Costs.

S.I. 34/1989.

CH.163 – 6] RENT CONTROL

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

IT IS AN OFFENCE to knowingly give any information which is false in a material particular. ..................................................................................................... FOR OFFICE USE. To: CHIEF VALUATION OFFICER.

You are hereby requested to value the above described dwelling house and to submit to me your valuation together with any observations made by you on the above particulars by the ..................... day of .......................................................... 198 .........

................................................... Secretary,

to the Rent Control Board.

FORM 2 NOTICE TO PARTIES

RENT CONTROL ACT To ................................................................................................. of ..................................................................................................

TAKE NOTICE THAT at ............... on the ................ day of ................ 19 ..... at ....... the Rent Control Board will on its own motion/as a result of an application received from ............1 hold proceedings/give its decision2 in respect of the value of a dwelling-house/furniture3 situate at ..................... and said to be the subject of an agreement of tenancy.

AND TAKE NOTICE that if you fail to appear on the date and at the time mentioned the Board may, notwithstanding your absence, hold its proceedings/give its decisions4.

........................................................ Secretary, Rent Control Board

FORM 3 CERTIFICATE OF DETERMINATION OF VALUE

RENT CONTROL ACT, 1975 To ................................................................................................. It is hereby certified that in exercise of the powers conferred by the Rent Control Act and consequent on proceeds held pursuant to the said Act the Rent Control Board has determined —

1 Delete as appropriate 2 Delete as appropriate 3 Delete as appropriate 4 Delete as appropriate

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(a) the value of the dwelling-house to wit .......... to be ............ $; (b) the value of the furniture utilised by the tenant in the

dwelling-house situate at ...................... to be ................... $ It is hereby further certified that this determination shall be effective from the ........................ day of ......................., 19 ........ ................................................ Member of the Board

................................................. Chairman of the Board

................................................ Member of the Board

................................................. Member of the Board